Kailash Gambhir, J.;—

I.A. No. 15133/2012(O. 7 Rule 11 of CPC)

By this order, I shall dispose of the application filed by defendant No.1 under Order7 Rule11 of Code of Civil Procedure, 1908 seeking rejection of plaint, on the ground that the present suit filed by the plaintiff is barred by Section 6 of the Hindu Succession Act, 1956.

Addressing arguments on the present application, Mr. Varun Goswami, counsel for the defendant no.1 submits that succession in the present matter first opened on 26.11.1968, on the death of plaintiff’s grandfather, Shri Bhuleshwar Nath, and reopened on 31.12.92 at the time of death of the father of the plaintiff. Counsel submits that the amended Hindu Succession Act, 1956 came into effect on 9.9.2005 and therefore, the plaintiff being the daughter of Late Shri Ram Shankar had no right to claim share in the subject property, as her right to succession reopened only on 31.12.1992. The other contention raised by the counsel is that the property in question was sold by the defendant no.2 in favour of defendant no.1 on 22.6.1998 and the said alienation and transfer of the said property in favour of defendant no.1, by defendant no.2 now cannot be reopened at the

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